Pembatasan Penguasaan dan Pemanfaatan Hak Atas Tanah Berdasarkan Asas Keadilan Sosial di Indonesia

Abstract

He regulation on the limitation of land ownership and control is a crucial instrument in achieving social justice and economic equity in Indonesia. Land reform policies are designed to prevent the concentration of land control that harms the public and to alleviate agrarian-based poverty. Objective: This study aims to analyze the regulatory dynamics, policy directions, and shifts in the legal orientation of land reform within Indonesian legislation across different periods. Methods: This study employs a normative juridical approach, analyzing various legal instruments related to agrarian reform, ranging from the Basic Agrarian Law (UUPA), MPR decrees, government regulations, to national strategic policies. Results: The findings indicate that the orientation of land reform policies in Indonesia has fluctuated significantly due to the influence of the ruling political ideology. During the Old Order era, the policy was centralized with a strong focus on land redistribution for the social justice of farmers through Law No. 56/Prp/1960. In contrast, the New Order era saw a shift toward capitalism and liberalism via Law No. 1/1967 and Law No. 7/1970; land reform execution was sidelined to pursue economic growth and facilitate large-scale investors. In the regional autonomy era (Law No. 23/2014), land reform matters remained dominated by the central government, while local governments tended to favor private investors. Efforts to revitalize agrarian reform were later reinforced during President Jokowi's administration through the Nawacita program and the National Strategy for Agrarian Reform Implementation to build from the periphery. Conclusion: The success of land reform in Indonesia heavily relies on the consistency of the government's legal policy in maintaining a balance between economic growth and distributive justice for the people's land rights.